(1)
In general.—The Secretary of Health and Human Services
may not reopen a claim, adjust a claim, or make a payment pursuant to any
request for payment under title XVIII of the Social Security Act, submitted
by an entity (including a hospital or an entity wholly owned or operated by
the hospital) for services described in paragraph (2) for purposes of
treating, as unrelated to a patient’s inpatient admission, services
provided during the 3 days (or, in the case of a hospital that is not a
subsection (d) hospital, during the 1 day) immediately preceding the date
of the patient’s inpatient admission.

(2) Services
described.—For purposes of paragraph (1), the services
described in this paragraph are other services related to the admission (as
described in section 1886(a)(4) of the Social Security Act (42 U.S.C.
1395ww(a)(4)), as amended by subsection (a)) which were previously included
on a claim or request for payment submitted under part A of title XVIII of
such Act for which a reopening, adjustment, or request for payment under
part B of such title, was not submitted prior to the date of the enactment
of this Act.

(d)
Implementation.—Notwithstanding any other provision of
law, the Secretary of Health and Human Services may implement the
provisions of this section (and amendments made by this section) by program
instruction or otherwise.

(e) Rule of
Construction.—Nothing in the amendments made by this
section shall be construed as changing the policy described in section
1886(a)(4) of the Social Security Act (42 U.S.C. 1395ww(a)(4)), as applied
by the Secretary of Health and Human Services before the date of the
enactment of this Act, with respect to diagnostic services.

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